J S RAO PROF Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner filed the present writ petition challenging the action of the respondents in depriving him of allotment of a SFS flat,"category-Ill in Vasant Kunj and praying for a direction to the said respondents for allotment of such a flat in Vasant Kunj at the price prevalent on the date of his application.

(2.) The petitioner applied on 19.11.1979 for allotment of a SFS flat and also deposited a sum of Rs. 15,000.00 on the same day. The petitioner, at the time of filing of the aforesaid application was residing at C-9, III Campus, New Delhi and accordingly gave the said address in his application. As the respondent/DDA even subsequent to that and from time to time invited applications for registration in SFS scheme the petitioner submitted an application on 2.12.1981 and also gave a second application on 30.3.1982 pursuant to the advertisements published by the respondents. It is stated that till 1984 no order for allotment of a flat was made in favour of the petitioner. Sometime in 1984 the petitioner was sent to the United States of America as a "SCIENCE COUNSELLOR" in the Indian Embassy and while stationed thus he received a letter from the Accounts Section of the respondent dated 11.4.1985. The said letter was addressed at I IT Campus, New Delhi and thereafter re-directed to the petitioner in Washington. By the said letter the, respondents intimated the petitioner that the FDR for Rs. 15,000.00 was lying ready and that he could collect the same from the office of the respondents. The petitioner replied to the said letter intimating his address of Washington and also enclosed with the said letter the registration certificate and further requested the respondents that the FDR could be posted to his address at Washington. The petitioner returned to India sometime in the month of December, 1988 and joined IIT as Head of the Mechanical Engineering Department.

(3.) As against the advertisement made by the respondent the petitioner made a third application on 2.2.1989 for allotment of a flat and in the said application the petitioner gave his address as C-1, IIT Campus, New Delhi. In June 1990, the respondents again advertised in Newspapers giving a last opportunity of allotment of flat in Vasant Kunj from registrants of SFS scheme and the petitioner submitted his 4th application on 24.7.1990 vide acknowledgement No. 2769 wherein also the address was given as C-1, IIT Campus, New Delhi.